LAND LAW
REVISION NOTES
LLB Materials
Do not print this cover page unless you need it,
colour prints can be expensive.
, ONE-PAGE EXAM OVERVIEW
Definition of land: includes fixtures but not
fittings or chattels. RIGHTS/INTERESTS IN LAND: FORMALITIES:
⇒ Use the degree and purpose of annexation EASEMENTS s.1 LP(MP)A 1989
test to identify whether an item is a fixture. Legal easements: created by deed The document will only be a DEED if:
• It is in writing
Equitable easements: created by not deed • It is clear on the face of the document
but in writing, or the servient owner only that it is a deed.
FREEHOLD ESTATE: had an equitable interest. • Seller signs in the presence of at least
one witness
s.52 LPA 1925 Transferred by a contract and Registration of legal easements: AND
a deed. • Delivered/dated.
Registered land Unregistered land
Registration: Register express Binds the world
easements, s.2 LP(MP)A 1989
Registered land Unregistered land implied easements The document is a LAND CONTRACT only if:
Register the new Compulsory first are overriding • It is in writing
owner with HMLR registration • Contains all the terms of the agreement
AND
RESTRICTIVE COVENANTS • Both parties sign the contract – but
Equitable estate: contracts may be exchanged.
Created by a Trust Deed or a deed where Only an equitable right, never a legal right.
Seller only had an equitable interest.
Created and transferred by a deed.
Transfer by a Deed of Assignment. Cannot Rentcharges: Only legal, created by deed.
be registered or protected. Registration: Register with HMLR, for unregistered land, it
binds the world.
Registered land Unregistered land
LEASEHOLD ESTATE: Register the Class D(ii) land Home rights: Equitable only. Registered land
covenant charge is bound by actual occupation (overriding
s.52 LPA 1925 Created by a deed, unless the interest), for unregistered land, enter Class F
lease is for 3 years or less (then can be land charge.
created orally) POSITIVE COVENANTS
Estate contracts: Equitable only, created in
Must be transferred by deed, even if it was Can only ever be a personal right. writing. Register if possible, for unregistered
not created by a deed. land, enter Class D(iv) land charge.
Created by a deed, transferred by
Registration: indemnity covenant.
Registered land Unregistered land Not possible to register/protect. EASEMENTS:
Register only leases No protection,
for 7 years+. binding on the world MORTGAGES Re Ellenborough Park
Requirements for a valid easement:
Legal mortgage: created by deed
Equitable estate: 1. There must be a dominant and a
× 3 years+ lease is granted without a deed Equitable mortgage: no deed was used servient tenement
× 7 years+ lease is not registered but was in writing or was created out of an
equitable estate. 2. Right must accommodate (benefit) the
× Landlord only had an equitable freehold dominant tenement – Must benefit land
Registration: itself, not a purely personal benefit.
Can only be registered if the land is
registered ⇒ register as a notice. 3. Dominant and servient owners must be
Registered land Unregistered land different people
Register the Compulsory first
mortgage registration. Class 4. Right must be capable of forming the
UNREGISTERED LAND – C(iii) land charge subject matter of a grant
TRIGGERING EVENTS: for equitable
mortgages Sufficient: Not sufficient:
Events triggering first registration: LRA 2002 × Right of way × Right to a view
× Right to × Right to a TV signal
Sale, gift or assent (inheritance) drainage/pass × Right to privacy
Grant of lease lasting more than 7 LEASES: cables
years × Right to park
Assignment of lease with more than 7 Street v Mountford × Right of storage
years to run
First legal mortgage of a freehold Requirements for a lease:
1. Exclusive possession If any of these is not satisfied, the right will
2. For a fixed term be a licence only.
Time limit: 2 months from triggering event.
3. Rent payments are not needed
Other methods of creation:
The start and end date must be certain, Implied by necessity, common intention,
CO-OWNERSHIP: otherwise the lease will be void. Wheeldon v Burrows or can be implied by
s.62 LPA which upgrades licences to legal
s.1 TOLATA A trust of land is created if more easements.
than one person owns the land.
Freehold covenants: Mortgages The rule in Wheeldon v Burrows:
Legal estate: always joint tenancy priority: priority
Not legal, both the This rule applies to grants only and does not
Equitable estate: either joint tenancy or burden and benefit of mortgages is
tenancy in common. based on date apply if expressly excluded in sale/lease.
must pass.
of registration, Quasi-easements = where rights would be
Presumption: if there is no trust, owners hold Restrictive covenants: not date of easements if land in separate ownership.
the land as joint tenants, and the rules of The burden and creation.
survivorship apply. benefit will pass in Wheeldon v Burrows Applies only if all
equity. Legal mortgages quasi-easements at time of transfer are:
Any joint tenant may severe the trust into take priority 1. Continuous and apparent
tenancy in common. Once severed, the one Positive covenants: over equitable 2. Necessary for reasonable enjoyment of
who severed will become a tenant in Only the benefit mortgages. part sold
common, the others continue to hold land as passes in equity, 3. Exercised both previously and at time
joint tenants. personal right only. of sale for the benefit of the part sold
ALL THE KEY INFORMATION ON ONE PAGE
Land Law – LLB Revision notes | Page 1 of 18
REVISION NOTES
LLB Materials
Do not print this cover page unless you need it,
colour prints can be expensive.
, ONE-PAGE EXAM OVERVIEW
Definition of land: includes fixtures but not
fittings or chattels. RIGHTS/INTERESTS IN LAND: FORMALITIES:
⇒ Use the degree and purpose of annexation EASEMENTS s.1 LP(MP)A 1989
test to identify whether an item is a fixture. Legal easements: created by deed The document will only be a DEED if:
• It is in writing
Equitable easements: created by not deed • It is clear on the face of the document
but in writing, or the servient owner only that it is a deed.
FREEHOLD ESTATE: had an equitable interest. • Seller signs in the presence of at least
one witness
s.52 LPA 1925 Transferred by a contract and Registration of legal easements: AND
a deed. • Delivered/dated.
Registered land Unregistered land
Registration: Register express Binds the world
easements, s.2 LP(MP)A 1989
Registered land Unregistered land implied easements The document is a LAND CONTRACT only if:
Register the new Compulsory first are overriding • It is in writing
owner with HMLR registration • Contains all the terms of the agreement
AND
RESTRICTIVE COVENANTS • Both parties sign the contract – but
Equitable estate: contracts may be exchanged.
Created by a Trust Deed or a deed where Only an equitable right, never a legal right.
Seller only had an equitable interest.
Created and transferred by a deed.
Transfer by a Deed of Assignment. Cannot Rentcharges: Only legal, created by deed.
be registered or protected. Registration: Register with HMLR, for unregistered land, it
binds the world.
Registered land Unregistered land
LEASEHOLD ESTATE: Register the Class D(ii) land Home rights: Equitable only. Registered land
covenant charge is bound by actual occupation (overriding
s.52 LPA 1925 Created by a deed, unless the interest), for unregistered land, enter Class F
lease is for 3 years or less (then can be land charge.
created orally) POSITIVE COVENANTS
Estate contracts: Equitable only, created in
Must be transferred by deed, even if it was Can only ever be a personal right. writing. Register if possible, for unregistered
not created by a deed. land, enter Class D(iv) land charge.
Created by a deed, transferred by
Registration: indemnity covenant.
Registered land Unregistered land Not possible to register/protect. EASEMENTS:
Register only leases No protection,
for 7 years+. binding on the world MORTGAGES Re Ellenborough Park
Requirements for a valid easement:
Legal mortgage: created by deed
Equitable estate: 1. There must be a dominant and a
× 3 years+ lease is granted without a deed Equitable mortgage: no deed was used servient tenement
× 7 years+ lease is not registered but was in writing or was created out of an
equitable estate. 2. Right must accommodate (benefit) the
× Landlord only had an equitable freehold dominant tenement – Must benefit land
Registration: itself, not a purely personal benefit.
Can only be registered if the land is
registered ⇒ register as a notice. 3. Dominant and servient owners must be
Registered land Unregistered land different people
Register the Compulsory first
mortgage registration. Class 4. Right must be capable of forming the
UNREGISTERED LAND – C(iii) land charge subject matter of a grant
TRIGGERING EVENTS: for equitable
mortgages Sufficient: Not sufficient:
Events triggering first registration: LRA 2002 × Right of way × Right to a view
× Right to × Right to a TV signal
Sale, gift or assent (inheritance) drainage/pass × Right to privacy
Grant of lease lasting more than 7 LEASES: cables
years × Right to park
Assignment of lease with more than 7 Street v Mountford × Right of storage
years to run
First legal mortgage of a freehold Requirements for a lease:
1. Exclusive possession If any of these is not satisfied, the right will
2. For a fixed term be a licence only.
Time limit: 2 months from triggering event.
3. Rent payments are not needed
Other methods of creation:
The start and end date must be certain, Implied by necessity, common intention,
CO-OWNERSHIP: otherwise the lease will be void. Wheeldon v Burrows or can be implied by
s.62 LPA which upgrades licences to legal
s.1 TOLATA A trust of land is created if more easements.
than one person owns the land.
Freehold covenants: Mortgages The rule in Wheeldon v Burrows:
Legal estate: always joint tenancy priority: priority
Not legal, both the This rule applies to grants only and does not
Equitable estate: either joint tenancy or burden and benefit of mortgages is
tenancy in common. based on date apply if expressly excluded in sale/lease.
must pass.
of registration, Quasi-easements = where rights would be
Presumption: if there is no trust, owners hold Restrictive covenants: not date of easements if land in separate ownership.
the land as joint tenants, and the rules of The burden and creation.
survivorship apply. benefit will pass in Wheeldon v Burrows Applies only if all
equity. Legal mortgages quasi-easements at time of transfer are:
Any joint tenant may severe the trust into take priority 1. Continuous and apparent
tenancy in common. Once severed, the one Positive covenants: over equitable 2. Necessary for reasonable enjoyment of
who severed will become a tenant in Only the benefit mortgages. part sold
common, the others continue to hold land as passes in equity, 3. Exercised both previously and at time
joint tenants. personal right only. of sale for the benefit of the part sold
ALL THE KEY INFORMATION ON ONE PAGE
Land Law – LLB Revision notes | Page 1 of 18
